Malcolm Rivera
Amending the US Constitution is a challenging and lengthy process. The constitution has been amended only 27 times since it was drafted in 1787, including the first ten amendments adopted four years later as the Bill of Rights. To amend the constitution, two-thirds of both houses of Congress must pass the amendment, followed by ratification from three-fourths of all states. The framers of the constitution intended for the process to be difficult to create stability in the country. The veneration of the constitution further reinforces its unamendability. The challenging amendment process has resulted in permanent changes, with only two amendments overruling an interpretation of the constitution by the Supreme Court.
| Characteristics | Values |
|---|---|
| Number of amendments since the Constitution was drafted in 1787 | 27 |
| Difficulty level | Very difficult and time-consuming |
| Number of amendments that have overruled an interpretation of the Constitution by the Supreme Court | 2 |
| Average number of years between amendments that override Supreme Court interpretations | 112 |
| Minimum number of states required to ratify an amendment | 38 |
| Minimum proportion of Congress required to propose an amendment | Two-thirds majority |
| Minimum proportion of state legislatures required to call a Constitutional Convention | Two-thirds |
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What You'll Learn
The US Constitution is considered the supreme law of the land
The amendment process is time-consuming and arduous. A proposed amendment must first be passed by a two-thirds majority in both houses of Congress. Following this, it must be ratified by the legislatures of three-fourths of the states, or 38 out of 50 states. Alternatively, an amendment can be proposed through a constitutional convention called for by two-thirds of the state legislatures, although this has never occurred. The complexity of the amendment process underscores the Framers' intention to create a stable and enduring Constitution.
The Constitution's enduring nature is further reinforced by what James Madison termed the "veneration" of the Constitution. Madison advocated for more than just respect for the document; he believed that Americans should revere it to establish a stable regime based on a long-lasting constitutional text. Madison also wanted to maintain the Constitution's original form as much as possible because frequent amendments could suggest that it was flawed and full of errors. This cultural veneration of the Constitution, as Jefferson foresaw, has made it challenging to amend and even more difficult to replace with a new one.
Despite the challenges of amending the Constitution, it is not impossible. Of the 27 amendments that have been ratified, two have notably overridden interpretations of the Constitution by the Supreme Court. These are the 11th Amendment, adopted in 1798, and the 16th Amendment, adopted in 1913. These amendments demonstrate that while the process is arduous, it is not impenetrable, and significant changes can be made when necessary.
In conclusion, the US Constitution is regarded as the supreme law of the land, and its amendment process is deliberately challenging to ensure its longevity and stability. While amendments are rare, they are not impossible, and the Constitution has been successfully modified on several occasions to address the needs of a changing nation. The difficulty of the process underscores the Framers' intention to create a durable and revered document that could adapt to the challenges and crises of the future.
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Amending the Constitution is a long and difficult process
Amending the US Constitution is a long and arduous process. The Constitution is considered the "supreme law of the land", and thus, the government must follow it. The Constitution was written "to endure for ages to come", and the framers made it challenging to amend to ensure its longevity. In over 230 years, there have only been 27 amendments, indicating the rarity and difficulty of the process.
The amendment process is initiated by the US Congress, which proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. An alternative route is for two-thirds of state legislatures to call for a Constitutional Convention, although this has never occurred. The proposed amendment is then forwarded to the National Archives and Records Administration (NARA) for processing and publication.
Following this, three-fourths of the states must ratify the amendment, either in their state legislatures or at a special convention. This step ensures that any amendment has widespread support across the country and is not solely driven by the federal government. The ratification process is administered by the Archivist of the United States, who follows established procedures and customs.
The lengthy and intricate amendment process was designed to foster stability in the nation. While it may have been challenging to foresee how difficult it would become as the country grew in size and population, the framers intended for the Constitution to be enduring. This veneration of the Constitution has led to its perceived unamendability, with some scholars arguing that the country is stuck with a constitution that is outdated and no longer suitable for the present.
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The Framers intended the process to be challenging
The Framers, the men who wrote the Constitution, intended the process to be challenging. The Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the Framers made it difficult to amend. In over 230 years, there have only been 27 amendments. The process is intentionally time-consuming and requires a two-thirds majority vote in both the House of Representatives and the Senate, or a two-thirds vote at a national convention (which has never happened). Following this, three-fourths of all states must ratify the amendment. This challenging process ensures that amendments are usually permanent and have a significant impact on all Americans or secure the rights of citizens.
The Framers' intention for a challenging amendment process was to create stability in the United States. They believed that a long and complicated process would help establish a stable regime reinforced by a long-enduring constitutional text. James Madison encouraged Americans to revere the Constitution, as frequent amendments might suggest that it was flawed and full of errors. This veneration of the Constitution has contributed to its constructive unamendability, making it challenging to update to suit the needs and values of each generation.
While the Framers intended the process to be difficult, they may not have anticipated the challenges posed by a nation of 50 states and over 300 million people. The Constitution's rigidity has led to concerns about its suitability for the present, with some scholars arguing that the country is stuck with a constitution that is frozen in the past and not easily adaptable to modern needs.
The amendment process is so challenging that even popular proposals have failed to be ratified. For example, the ERA Amendment did not pass the necessary majority of state legislatures in the 1980s. Additionally, proposals for congressional term limits and a balanced budget amendment have not succeeded in becoming new amendments. The challenging nature of the process means that political fixes do not necessarily belong in the Constitution, and amendments are reserved for significant changes that impact all Americans.
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Only 27 amendments have been ratified since 1787
Amending the US Constitution is a challenging process, and since 1787, only 27 amendments have been ratified. The framers of the Constitution intentionally made it difficult to amend, believing that a lengthy and intricate process would foster stability in the country. This difficulty is evident in the recent struggles of supporters advocating for congressional term limits and a balanced budget amendment.
Article V of the Constitution outlines the primary paths for amendments. A proposed amendment must first be passed by a two-thirds majority in both the House of Representatives and the Senate, or by a two-thirds vote at a national convention, although this route has never been successfully taken. Following this, three-fourths of all states must ratify the amendment, either through their state legislatures or special conventions. This rigorous process ensures that amendments are reserved for significant matters affecting all Americans or safeguarding their rights.
The rarity of constitutional amendments, with only 27 out of 33 passed amendments being ratified, underscores the challenge of the undertaking. The process is deliberately arduous, and the close political divide in Congress further complicates the passage of amendments. The veneration of the Constitution, as James Madison termed it, also plays a role in its perceived unamendability. Madison encouraged Americans to revere the document to establish a stable regime, and this reverence can make it challenging to introduce changes.
Despite the difficulties, there have been notable successes. For instance, the 11th Amendment, adopted in 1798, overrode the decision in Chisolm v. Georgia, which had held that a citizen of South Carolina could sue the State of Georgia. Similarly, the 16th Amendment, adopted in 1913, overturned the ruling in Pollock v. Farmers Loan and Trust Co., which had deemed the federal income tax unconstitutional. These amendments demonstrate that while challenging, it is not impossible to amend the Constitution when there is sufficient support and justification.
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The President does not have a constitutional role in the amendment process
Amending the US Constitution is a challenging and time-consuming process. The US Constitution has been amended only 27 times since it was drafted in 1787. The framers made it challenging to amend the Constitution to ensure its longevity. Article V of the Constitution outlines the two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used thus far. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures.
The OFR plays a crucial role in the amendment process by examining ratification documents for facial legal sufficiency and authenticating signatures. Once a proposed amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The OFR then drafts a formal proclamation for the Archivist of the United States to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. While the President does not have a constitutional role in the amendment process, they may be invited to attend the signing of the certification as a ceremonial function.
The amendment process for the US Constitution is deliberately challenging, and the President's exclusion from the process underscores the importance of a careful and deliberate approach to any changes made to this enduring document.
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Frequently asked questions
Very challenging. The framers of the Constitution made it difficult to amend on purpose, to ensure it would last. In over 230 years, there have only been 27 amendments.
An amendment must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Then, three-fourths of all states must ratify the amendment.
Supporters of congressional term limits and a balanced budget amendment were not successful in getting new amendments. The ERA Amendment also did not pass the necessary majority of state legislatures in the 1980s.
Yes, some scholars believe the country is stuck with a constitution that is suboptimal and frozen in the past. There have been calls for a Constitutional Convention to make changes, but this has never happened.
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